HomeMy WebLinkAbout2005-011 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-011
Being a By-law to authorize the execution of a Collective Agreement
between the Corporation of the Municipality of Clarington and the Canadian
Union of Public Employees, Local 74, Outside Workers, for a three (3) year
term
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation
Seal, a Collective Agreement for the term January 1, 2005 to December 31,
2007;
2. THAT the contract in substantially the form of the Memorandum of
Understanding hereto attached as Schedule "B" and agreed amendments,
hereto attached as Schedule "A" form part of this By-law.
By-law read a first and second time this 2"d day of February 2005.
By-law read a third time and finally passed this 2nd day of February 2005.
John Mudon, Nlyov``�
Patti . arr' unicipaI Clerk
Lmn3..: . -
1 It is agreed that the balance of the articles agreed to under the December 13 Memorandum of Settlement apply.
The Municipality is prepared to amend this proposal to read: If loss of driver's licence occurs,where it is a bona fide occupational
2 #11 15.1 Drivers Abstract requirement to hold a valid driver's licence,each case will be reviewed individually and any recommended action will be referred
to the CAO and H.R.for final determination.It is the responsibility of the employee to inform the Corporation of any loss of
3 #12 15.1 C The Municipality is prepared to amend this proposal to read:If at any time during employment an unsatisfactory Canadian Police
Information Centre check-CPIC,(as determined by the prevailing Corporate Policy)is received,each case will be reviewed
individually and any recommended action will be referred to the CAO and H.R.for final determination.
Sick Leave[WSIB claim form. If an employee is found not eliqible for
VSIB but is legitimately ill with appropriate Dr documentation,the employee will be eligible for short term sick leave within the
5—T-26 f ISTD During Notice IShort term disability will not be available during termination notice periods.
6 28 Short Term Sick Add to MOU:Employees have the ability to use up to the maximum of 85 days for the same illness in a calendar year.
Leave-illness
7 #43 Schedule B Saturday Shifts The Municipality is prepared to remove this proposal from the table conditional on the Union removing the proposal of.65c
premium for Light Equipment Operators(MOU#35) AGREED.
8 #46 Schedule B 60 Hr.Work Week See Attached Hours of Work language.
9 Animal Services It is agreed that Animal Services will not be required to work standby or regular shifts for Christmas Eve,Christmas Day, New Year's Eve,
or New Year's Day. These hours will be worked by part time or temporary employees.
10 Effective Date All agreed changes,including those remaining in the memorandum of settlement dated December 13,2004,are effective January 1,2005
The following amendments have been agreed to for presentatin to the respective parties to the collective agreements on a without prejudice basis.
On behalf of the nicipaltiy On Be If of CUPE Local
Frank O Betty S miners, CUP Representative
ane Marano,Director Corporate Services teve H 5ng,C esiden
Item #8: Revised Issues, February 2, 2005
HOURS OF WORK
The regular hours of work per day and per week are as established in Schedule`B",
hours of work of the Collective Agreement.
In accordance with the Employment Standards Act (ESA), the Union gives consent for
full-time employees to exceed the regular hours of work per day and/or per week, subject
to a maximum total of 60 hours per week, or as provided for under the Highway Traffic
Act, and subject to the overtime provisions contained in the Collective Agreement.
Notwithstanding, the Employment Standards Act, the above will remain in effect only for
the term of the current Collective Agreement.
The Parties agree that this will still comply with the ESA rules about hours free from
work and eating periods.
Notwithstanding the above, employees operating with Certified Vehicle Operators
Registration(CVOR) shall be governed in accordance with the Highway Traffic Act,
"As soon as a driver has accumulated fifteen hours on duty time, he or she shall go off
duty for at least eight consecutive hours before driving again." The Municipality will not
schedule more than the maximum allowable hours and each employee has an obligation
to adhere to the maximum hours limits permissible under legislation.
For the purpose of overtime calculation, the current provisions of the core language
regarding maximum hours and Schedule "B" or any prevailing MOU on hours of
work/overtime and Working Conditions (Outside Employees) shall apply.
Furthermore,the Union agrees to sign any Municipal application to the Ministry of
Labour for hours of work up to 75 per week.
Dated February 2, 2005
Frank AO Betty o m4ners, CUPE National
tativ N
1�A4,kf:;D--Marie Marano, Director Corporate Services eve Hard' , U r